Remanded
Jogendra Baral v. State of Odisha
Orissa HCWP(C)/1424/2021
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W.P.(C) No.1424 of 2021
Heard learned counsel for the petitioners and the learned Standing Counsel for School and Mass Education Department.
In the accompanying writ petition, the petitioners have inter alia, prayed for direction to the opposite parties to allow the petitioners to avail the leave benefits under the Orissa Education (Leave of Teachers and other Members of the Staff of Aided Educational Institutions) Rules, 1977, G.P.F. benefits under the Orissa aided Educational Institution Employees General Provident Funds Rules, 1983 and retiral and pensionary benefits under the Orissa Aided Educational Institutions Employees Retirement Benefits Rules, 1981 and as they are the employees of an Aided Educational Institution.
Learned counsel for the petitioners has contended that since the petitioners are working in an educational institution receiving block grant, in view of the judgment passed in Ritanjali Giri @ Paul v. State of Odisha (School & M.E. Deptt.) & Others, 2016 (I) ILR-1162 wherein this Court has already held that the legal heirs of deceased employees of educational institutions receiving block grant are entitled to get compassionate appointment, pursuant to which the Government of Odisha in the Department of School & Mass Education has issued a circular on 01.08.2019 granting
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benefit of compassionate appointment to the legal heirs of the deceased employees working in fully aided educational institutions and educational institutions receiving grant-inaid (New)/block grant, therefore, other benefits as claimed in the writ application should be extended to the petitioners.
Learned Standing Counsel for School and Mass Education Department contended that the ratio decided in the case of Ritanjali Giri (supra) is only confined to grant of benefit under Rehabilitation Assistance Scheme. Therefore, other benefits are not covered under the aforesaid decision.
The petitioners initially got block grant as per the Grant-in-Aid Order, 2004 and subsequently full grantin-aid as per Grant-in-Aid Order, 2017.
Considering the contentions raised by the learned counsel for the respective parties and without delving into the merits of the case, this Court is of the considered view that since the benefit of compassionate appointment to the legal heirs of the deceased employees of educational institutions receiving block grant has already been extended by the authority, vide circular dated 01.08.2019, the matter is remitted back to the concerned authority for consideration with regard to extension of other benefits as claimed in the writ application taking into account the ratio decided in the case of Ritanjali Giri (supra) within a period of four months from the date of communication of this order.
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Needless to mention here that, if it is found that the petitioners are entitled to get all the benefits, as claimed in the writ application in consonance with the law laid down in the case of Ritanjali Giri @ Paul (supra), the same shall be granted within the time stipulated.
With the aforesaid observation and direction, the writ petition is disposed of.
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P. Patnaik, J.
JB
2 issues framed by the court
Whether benefits similar to compassionate appointment extended to legal heirs should be extended to employees of aided educational institutions receiving block grant.
Whether the ratio of Ritanjali Giri extends beyond the Rehabilitation Assistance Scheme to include leave, GPF, and pension benefits.
Colour shows how this judgement treated each authority
Ritanjali Giri @ Paul v. State of Odisha (School & M.E. Deptt.) & OthersExplained¶5
Ritanjali Giri @ Paul v. State of Odisha (School & M.E. Deptt.) & Others, 2016 (I) ILR-1162 · Who else cites this
Petitioners
School and Mass Education Department
P. Patnaik
As recorded by the court registry
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